Decided

No. 11-338

Doug Decker, in His Official Capacity as Oregon State Forester, et al. v. Northwest Environmental Defense Center

from the United States Court of Appeals for the Ninth Circuit

See other cases from the Ninth Circuit.

Docket Entries

JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Ginsburg, Alito, Sotomayor, and Kagan, JJ., joined, and in which Scalia, J., joined as to Parts I and II. Roberts, C. J., filed a concurring opinion, in which Alito, J., joined. Scalia, J., filed an opinion concurring in part and dissenting in part. Breyer, J., took no part in the consideration or decision of the cases.

Supplemental brief of the United States filed. VIDED. (Distributed)

Supplemental brief of respondent Northwest Environmental Defense Center filed. VIDED. (Distributed)

Motion to file a supplemental brief after argument filed by petitioners GRANTED. The motion of petitioners in No. 11-338 for leave to file a supplemental brief after argument is granted. The other parties to these cases and the Solicitor General may file supplemental briefs, not to exceed 3,000 words each, addressing the effect of the Environmental Protection Agency�s amendment to its stormwater-discharge rule on or before Tuesday, January 22, 2013. Justice Breyer took no part in the consideration or decision of this motion. Justice Breyer took no part in the consideration or decision of this motion. VIDED.

Motion to file a supplemental brief after argument filed by petitioners Doug Decker, in his official capacity as Oregon State Forester, et al. (Distributed)

Argued. For petitoners: Timothy S. Bishop, Chicago, Ill.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Jeffrey L. Fisher, Stanford, Cal.

Letter from counsel for petitioners Georgia-Pacific West, Inc., et al., received and distributed. VIDED

Reply of petitioners Doug Decker, in his official capacity as Oregon State Forester, et al. filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Breyer took no part in the consideration or decision of this motion.

Letter dated October 30, 2012, with attached Eleventh Circuit Decision, received from counsel for respondent Northwest Environmental Defense Center. Filed. VIDED. (Distributed)

Brief amici curiae of Western Division of the American Fisheries Society, et al. filed. VIDED. (Distributed)

Brief amici curiae of Northwest Environmental Advocates, et al. filed. VIDED. (Distributed)

Brief amici curiae of Pacific Coast Federation of Fishermen's Associations, et al. filed. VIDED. (Distributed)

Brief amicus curiae of Dr. Kevin Boston filed. VIDED. (Distributed)

Brief amici curiae of Robert Wayland, et al. filed. VIDED. (Distributed)

Brief amici curiae of Law Professors on the Propriety of Administrative Deference filed. VIDED. (Distributed)

Brief amici curiae of Law Professors on Section 1369(b) Jurisdiction filed. VIDED. (Distributed)

Brief amici curiae of Environmental Protection Information Center, et al. filed. VIDED. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.

CIRCULATED.

Brief of respondent Northwest Environmental Defense Center, et al. filed. VIDED. (Distributed)

Record received from U.S.C.A. for 9th Circuit. (1 envelope).

Record from U.S.D.C. for District of Oregon is electronic.

SET FOR ARGUMENT ON Monday, December 3, 2012.

Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED.

Brief amicus curiae of United States filed. VIDED.

Brief amici curiae of Law Professors filed. VIDED.

Brief amici curiae of Arkansas, et al. filed. VIDED.

Brief amicus curiae of Mountain States Legal Foundation filed. VIDED. (Distributed)

Brief amici curiae of National Alliance of Forest Owners, et al. filed. VIDED.

Brief amici curiae of Society of American Foresters, et al. filed. VIDED.

Brief amici curiae of Pacific Legal Foundation, et al. filed. VIDED.

Brief amici curiae of National Association of Home Builders, et al. filed.

Brief amici curiae of National Governors Association, et al. filed. VIDED.

Brief amici curiae of American Forest Resource Council, et al. filed. VIDED.

Brief of petitioners Doug Decker, in his official capacity as Oregon State Forester, et al. filed.

Joint appendix filed. (Jt. Appendix in 2 volumes) VIDED. (Statement of costs received.)

Brief amicus curiae of The Ruffed Grouse Society filed. VIDED.

Brief amici curiae of Association of Oregon Counties, et al. filed. VIDED.

The time to file respondents' brief on the merits is further extended to and including October 16, 2012. VIDED

The time to file the joint appendix and petitioners' briefs on the merits is further extended to and including August 28, 2012. VIDED

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.

Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the respondents. VIDED

The time to file respondents' brief on the merits is extended to and including October 2, 2012. VIDED.

The time to file the joint appendix and petitioners' briefs on the merits is extended to and including August 21, 2012. VIDED.

Petition GRANTED The petition for a writ of certiorari in No. 11-347 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. Justice Breyer took no part in the consideration or decision of this petition.

DISTRIBUTED for Conference of June 21, 2012.

Supplemental brief of respondent Northwest Environmental Defense Center filed. VIDED.

Supplemental brief of petitioners Marvin Brown, in His Official Capacity as Oregon State Forester, et al. filed.

Brief amicus curiae of United States filed. VIDED.

The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Breyer took no part in the consideration or decision of this petition.

Reply of petitioners Marvin Brown, in His Official Capacity as Oregon State Forester, et al. filed. (Distributed)

DISTRIBUTED for Conference of December 9, 2011.

Brief of respondent Northwest Environmental Defense Center in opposition filed. VIDED.

Brief amici curiae of Mountain States Legal Foundation

Brief amici curiae of American Forest Resource Council, et al. filed. VIDED.

Brief amici curiae of National Alliance of Forest Owners, et al. filed. VIDED.

Brief amici curiae of Arkansas, et al. filed. VIDED.

Brief amici curiae of Alabama Forestry Association, et al. filed. VIDED.

Brief amici curiae of National Association of Counties, et al. filed. VIDED.

Order extending time to file response to petition to and including November 18, 2011.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. VIDED.

Consent to the fiing of amicus curiae briefs, in suport of either party or of neither party, received from counsel for the petitioners.

Petition for a writ of certiorari filed. (Response due October 17, 2011)

Application (11A146) granted by Justice Kennedy extending the time to file until September 14, 2011.

Application (11A146) to extend the time to file a petition for a writ of certiorari from August 15, 2011 to September 14, 2011, submitted to Justice Kennedy.

Parties

Doug Decker, in his official capacity as Oregon State Forester, et al., Petitioner, represented by Anna M. Joyce

Northwest Environmental Defense Center, Respondent, represented by Paul A. Kampmeier

Northwest Environmental Defense Center, Respondent, represented by Jeffrey L. Fisher

Northwest Environmental Defense Center, Respondent, represented by Christopher G. Winter

Amici Curiae

American Forest Resource Council, et al., Amicus Curiae, represented by Scott W. Horngren

Arkansas, et al., Amicus Curiae, represented by Kendra Akin Jones

Association of Oregon Counties, et al., Amicus Curiae, represented by Ronald S. Yockim

Chamber of Commerce of the United States of America, Amicus Curiae, represented by Robert R. Gasaway

Doug Decker, in His Official Capacity as Oregon State Forester, et al. v. Northwest Environmental Defense Center, et al., Amicus Curiae, represented by Malcolm L. Stewart

Dr. Kevin Boston, Amicus Curiae, represented by Shaun Alaric Goho

Environmental Protection Information Center, et al., Amicus Curiae, represented by Michael R. Lozeau

Law Professors, Amicus Curiae, represented by Brian J. Murray

Law Professors, Amicus Curiae, represented by Sanne Hjarno Knudsen

Law Professors on Section 1369(b) Jurisdiction, Amicus Curiae, represented by Allison Michelle LaPlante

Mountain States Legal Foundation, Amicus Curiae, represented by Steven J. Lechner

National Alliance of Forest Owners, et al., Amicus Curiae, represented by Clifton S. Elgarten

National Association of Home Builders, et al., Amicus Curiae, represented by Thomas J. Ward

National Governors Association, et al., Amicus Curiae, represented by Roderick E. Walston

Northwest Environmental Advocates, et al., Amicus Curiae, represented by James S. Coon

Pacific Coast Federation of Fishermen's Associations, et al., Amicus Curiae, represented by Eric R. Glitzenstein

Pacific Legal Foundation, et al., Amicus Curiae, represented by M. Reed Hopper

Robert Wayland, et al., Amicus Curiae, represented by Stephanie Tai

Society of American Foresters, et al., Amicus Curiae, represented by Virginia S. Albrecht

The Ruffed Grouse Society, Amicus Curiae, represented by Ryan L. Woody

United States, Amicus Curiae, represented by Donald B. Verrilli Jr.

Western Division of the American Fisheries Society, et al., Amicus Curiae, represented by Kristen L. Boyles

 
Last updated: February 16, 2016